At McFarlane Law, PLC, in Scottsdale, Arizona, our attorneys assist clients who serve as caretakers of a spouse or family member who is incapacitated. In Arizona, this may require being named that person’s guardian and conservator. Our lawyers also represent caretakers and family members in guardianship and conservatorship disputes. We offer a free initial consultation to discuss your case and answer your questions.

What Is Guardianship and Conservatorship?

Guardianship is the court appointment of an individual who is legally enabled to make medical decisions on the behalf of a ward or protected person. Conservatorship enables a trusted individual to make financial decisions on behalf of a person who is either under the age of majority or determined by the court to be incapacitated due to physical or mental disability. Under Arizona law, guardianship is also required for any minor child who receives a bequest of over $15,000, this despite there being a living parent or parents.

The procedures involved in establishing a guardianship and conservatorship are document intensive and legally complex. It is vital that the procedures be followed according to court rules. As a result, it is important to have the help of an experienced attorney to manage the timely filings of important documents — such as doctor’s reports, notices and annual reports — and to keep you informed throughout the initial filing process, and investigation and beyond.

Making the Process Easier for You

The statements that establish guardianship and conservatorship can be included in a last will and testament as part of a complete estate planning package. This can significantly simplify the process and forestall any confusion or dispute in the future.

Appointing a Temporary Guardian in an Emergency

Sometimes people face a crisis where a loved one needs immediate assistance managing his or her medical, personal or financial needs. Our lawyers can assist you in providing for your loved one in an emergency hearing to appoint a temporary guardian and/or conservator until a permanent guardian or conservator can be appointed by the court.